A/HRC/7/23
page 6
11. In her initial report, the independent expert identified, as a key thematic priority for her
work, enhancing the understanding of minority issues in the context of promoting inclusion and
stability. In this context, on 6 and 7 December 2007, the independent expert convened an
expert consultation on the issue of the discriminatory denial or deprivation of citizenship as a
tool for the exclusion of minorities. The consultation served as a means to benefit from the
knowledge and experience of affected communities, regional experts, United Nations bodies and
agencies, representatives of regional intergovernmental institutions and civil society. In addition,
on 15 October 2007, the independent expert sent a questionnaire to all Member States of the
United Nations requesting information on issues related to minorities and citizenship.
The responses to the questionnaire will be made available on the web page of the independent
expert.
12. The section below contains an analysis of the problem of denial or deprivation of
citizenship as it affects persons belonging to minorities. It is based primarily on the outcome of
the expert consultation convened by the independent expert in December 2007.
II. MINORITIES AND THE DISCRIMINATORY DENIAL
OR DEPRIVATION OF CITIZENSHIP
13. Minorities often face discrimination and exclusion, and they struggle to have their human
rights respected even under conditions of full and unquestioned citizenship. Stripping them of
citizenship can be an effective method of compounding their vulnerability, and even lead to mass
expulsion. Experience in all regions demonstrates this reality. Once denied or deprived of
citizenship, minorities are inevitably denied protection of their basic rights and freedoms,
including minority rights, as established in the Declaration on the Rights of Persons Belonging to
National or Ethnic, Religious and Linguistic Minorities.
14. In the present report, citizenship is not considered by the independent expert a condition
for the enjoyment of all human rights, including minority rights. Rather, international human
rights law makes clear that only a limited number of rights may be made dependent on
citizenship: rights to enter and reside permanently within the territory of a State; the right to be
protected by the State when one is outside its territory; and a set of political rights (for example,
the right to vote and hold office).1 However, citizenship continues to be defined by many States
as the primary legal bond between an individual and the State, which confers rights.
15. Discrimination is both a cause and a consequence of State actions that seek to marginalize
minorities. The reasons for which States discriminatorily deny or deprive persons of their right to
citizenship are often rooted in racist ideologies. Evidence demonstrates that discriminatory
denial or deprivation of citizenship2 disproportionately affects persons belonging to minorities.
1
In certain situations, economic and social rights are considered by States to be dependent on
citizenship.
2
The denial and the deprivation of citizenship are quite similar concepts, and the practical
consequences for individuals are much the same. However, the distinction may be characterized